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What is a Designated Partner in LLP?
All you need to know
A Designated Partner in an LLP (Limited Liability Partnership) is a person who holds legal responsibility for the day-to-day management and statutory compliance of the LLP under the Limited Liability Partnership Act, 2008. While all partners share ownership and profits, designated partners act as the official representatives of the firm before the Ministry of Corporate Affairs (MCA) and other authorities.
Under Section 7 of the LLP Act, every LLP must have at least two Designated Partners, and at least one of them must be a resident of India (i.e., has stayed in India for a minimum of 120 days during the financial year). Each designated partner must possess a valid Designated Partner Identification Number (DPIN), which is a unique number issued by the MCA—similar to a DIN (Director Identification Number) for company directors.
Designated partners play a key compliance role in ensuring that the LLP meets its legal obligations, such as:
Filing Form 8 (Statement of Accounts and Solvency) annually.
Filing Form 11 (Annual Return of LLP).
Maintaining proper books of accounts and records.
Updating changes like partner addition or resignation through Form 3 and Form 4.
Ensuring that the LLP Agreement reflects the latest composition and business structure.
If a new partner joins or an existing one resigns, the LLP must update the MCA records within 30 days of the change.
Form 4 is used to record the appointment, cessation, or change in details of a partner or designated partner.
Form 3 is used to file any modification in the LLP Agreement, such as changes in profit-sharing ratios or roles.
Failing to update this information may attract penalties under Section 25 of the LLP Act, as the MCA treats it as non-compliance.
Who Can Become a Designated Partner?
Any individual (not an HUF or company) can be appointed.
Must be at least 18 years old and legally competent.
Must possess or apply for a DPIN before appointment.
At least one designated partner must be a resident of India.
A foreign national can be appointed if proper ID and address proofs are provided.
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